Notes
Letter dated May 9, 2025, from SFO Airport Director Mike Nakornkhet, on behalf of the City and County of San Francisco, to the U.S. Department of Transportation (Secretary Duffy) regarding FAA Docket FAA-2025-0605, the proposed modifications to Airport Improvement Program (AIP) Grant Assurances published at 90 Fed. Reg. 17501 (Apr. 24, 2025). SFO objects that the proposed Grant Assurances lack clarity and are unlawful, citing the Spending Clause (Pennhurst State Sch. & Hosp. v. Halderman, 451 U.S. 1), Arlington Cent. School Dist. Bd. of Educ. v. Murphy (548 U.S. 291), and Due Process vagueness doctrine (Grayned v. City of Rockford, 408 U.S. 104). SFO challenges the retroactive FY2025 applicability, the revised Grant Assurance 1 ‘governed by and in compliance with’ language, and the incorporation by reference of Executive Orders 14149, 14151, 14154, 14168, and 14173, arguing EOs bind only federal agencies under 49 U.S.C. § 47107(h). SFO requests a 30-day comment period extension, no application of new assurances until finalized, and an effective date no earlier than fiscal year 2026.